미국식 당사자주의에 대한 비판적 분석 - 피의자 신문을 중심으로 -

Although the American criminal justice system has clear strengths, this system will properly operate when safeguards that help each party equally compete with are sufficiently guaranteed. To explore how these safeguards operate, this study first points out that there was a lack of efforts to recognize and address the problems arising from long-standing partisan culture in the American criminal justice system. Although there is no single correct answer to the long debate of inquisitorial and adversary system, that may not justify the lack of efforts to detect and correct problems caused by adversary system.   Based on this perspective, this paper argues that because the American police investigators are obviously hostile parties, they should be prohibit from concealing or confusing their opposing role during the interrogation. Police investigators often confuse or hide their roles to the suspect, which might be threatening, unfair. But those strategies are rarely controlled. As a realistic proposal, the Police Code of Conduct should be amended to prohibit such a strategy. Section 4.3 of the Professional Code of Conduct, which governs direct contact with opponents who do not have lawyers and lawyers, is a good example. These proposals will contribute to making the American criminal interrogation more fair and adequately adversarial.